Law and Medical Practice
Rights, Duties, Claims and Defences
By: Loane Skene
An accessible and fully up-to-date analysis of the legal issues facing health professionals. This popular book has been extensively revised and updated to provide thorough discussion of recent legal issues facing health professionals. Civil and criminal law principles relevant to medical practice are clearly and comprehensively explained. The author analyses the theoretical basis of those legal principles, revealing that the law in practice is often different from what it may appear in theory. He also examines the impact of recent tort law reform on medical claims and explains the complexities of evidence and proof as well as the defences available to health professionals. Written in a clear and straightforward style, Law and Medical Practice is an ideal source of reference for readers from either a legal or a medical background. New to This Edition: Recent nation-wide civil liability legislation and its effect to date on medical claims; New legislation on the registration of health professionals and quality assurance; New human rights legislation in Victoria and the ACT; New legislation on advance decision-making and the legal authority of careers and relatives; The National Statement on Ethical Conduct in Human Research 2007; Changes to privacy legislation and the proposed National Health Privacy Code.
AI Overview
"Law and Medical Practice: Rights, Duties, Claims and Defences" by Loane Skene is a comprehensive legal text that explores the intersection of law and medical practice. Here is a detailed overview of the book:
Key Themes
Consent to Medical Procedures:
- The book delves into the legal aspects of obtaining consent from patients, including children and adults who may not be mentally competent to consent. It covers the legal frameworks and potential liabilities related to consent failures, such as actions in contract and battery.
Substituted Decision-Making:
- It examines the legal processes and mechanisms for making decisions on behalf of individuals who lack capacity. This includes the roles of carers and relatives in advance decision-making and the legal authority they hold.
Harm Caused by Medical Treatment:
- The book discusses how the law addresses harm caused to patients as a result of medical treatment. This includes legal remedies and potential liabilities for healthcare providers.
Confidentiality and Privacy:
- It explores ethical and legal issues related to confidentiality and privacy in the patient-doctor relationship. This includes the circumstances under which patients can access their medical records.
Regulation of Reproduction:
- The text covers aspects of reproductive law, including assisted reproductive technologies (ART), prenatal screening, abortion, and surrogacy.
Recent Legislation and Changes:
- The third edition includes updates on recent nation-wide civil liability legislation, registration of health professionals, quality assurance, human rights legislation in Victoria and the ACT, advance decision-making, and changes to privacy legislation.
Plot Summary
The book is structured to provide a clear and straightforward understanding of the legal principles governing medical practice. It begins with an overview of the legal frameworks and then delves into specific topics such as consent, substituted decision-making, harm caused by medical treatment, and confidentiality. The second section focuses on the regulation of reproduction, including assisted reproductive technologies and aspects of pregnancy.
Critical Reception
While there is limited critical reception available in the public domain, the book is generally recognized as a valuable resource for both legal and medical professionals. It is noted for its clear and straightforward style, making it an ideal source of reference for readers from either a legal or medical background.
Edition Details
The book is in its third edition, published on June 6, 2008, by LexisNexis Butterworths. It is available in paperback format with 464 pages.
Overall, "Law and Medical Practice: Rights, Duties, Claims and Defences" by Loane Skene is a comprehensive guide that provides a detailed understanding of the legal aspects of medical practice, making it essential reading for those in the legal and medical professions.